Receiving an employment termination letter without any prior warning may come as a shock, especially if you think that you were doing everything right. It is natural to feel betrayed or wronged if you have remained loyal to an organization for a long time. Most states in the U.S, including New York, imply the principles of at-will employment. This means that your employer can fire you for any reason or without reason at any time. Therefore, if an employer lays you off because of a misunderstanding or without providing an explanation, it is entirely legal. However, if you decide to leave a job suddenly, you need to give notice; abandoning work without reason is not unlawful, but you may lose right to employment benefits.

All the New York workforce falls under the category of at-will employment, so a termination need not be justified. While wrongful terminations in New York are rare, they do happen. A termination will be considered wrongful in an at-will employment state if it was issued for illegal reasons or exhibited breach of contract. Many people are fired at work every day, but not everyone qualifies for filing a claim or lawsuit against the employer. The most common grounds for making a claim or suing are discrimination and retaliation. If you believe that your claim is viable, contact New York Employment Lawyer today.

Cases of discrimination at the workplace are sensitive and complicated, which is why the intervention of an experienced lawyer is imperative. An employee who represents themselves in a case of wrongful employment is less likely to succeed. On the contrary, employment law experts are able to increase the chances of a win by a great margin and guarantee a much higher settlement.

Examples of Discrimination and Retaliation at the Workplace

            ·         Differential treatment on the basis of color, race, creed, ethnicity, etc.

            ·         Age and gender bias

            ·         Being judged on physical attributes rather than professional capabilities

            ·         Devalued for being in a relationship, married, or pregnant

            ·         Discrimination against sexual orientation/homophobic attitude

            ·         Retaliation for refusing or ending an intimate relationship

            ·         Retaliation for whistle blowing/uncovering illegal or unethical practices at the organization

            ·         Getting snubbed for reporting discrimination, harassment, or assault in the workplace

If any of the mentioned situations (or anything similar) led to loss of employment, you are entitled to seek compensation for wrongful termination. Discrimination and retaliation at the workplace is prohibited in all states; it can cost an employer or company anywhere between $10,000 and $300,000 in civil penalties alone. 

Proving Wrongful Termination

If your wrongful termination claim holds weight, you can receive financial reimbursement for lost wages, pain and suffering, lawyer fees, punitive damages, and other employment benefits. In order to justify your case, you will need supportive evidence that demonstrates discrimination and/or retaliation. Once your employment is terminated, you should start looking for a new job immediately. This helps establish that you not looking for an excuse to not work in the future. If you manage to score a job that pays less than the previous, the court may order your last employer to make up for the difference.

The conclusion is that you absolutely can sue your employer for wrongful termination in New York, as long as you possess proof to justify your allegations. Documented evidence (emails, messages, written and signed contracts, tangible paperwork etc.), witness testimonies, and audio/visual recordings are valuable to your case.